Illinois activists celebrate gay marriage decision

Wednesday

Jun 26, 2013 at 12:01 AMJun 26, 2013 at 5:43 PM

CHICAGO -- Advocates of gay marriage in Illinois celebrated landmark rulings from the U.S. Supreme Court on Wednesday, saying the clarity on a federal marriage act and California ban would benefit same-sex Illinois couples married in other states and fuel momentum to legalize gay marriage in President Barack Obama's home state.

Carla K. Johnson

CHICAGO -- Advocates of gay marriage in Illinois celebrated landmark rulings from the U.S. Supreme Court on Wednesday, saying the clarity on a federal marriage act and California ban would benefit same-sex Illinois couples married in other states and fuel momentum to legalize gay marriage in President Barack Obama's home state.

The high court struck down a key provision of the federal Defense of Marriage Act, meaning that legally married same-sex couples will get the same federal benefits as heterosexual couples. In a separate, narrower decision, the court also paved the way for same-sex marriage in California by holding that defenders of California's gay marriage ban didn't have the right to appeal rulings striking down the ban.

The DOMA ruling affects numerous same-sex couples who were legally married in other states and live in Illinois, a number that's not officially tracked but advocates estimate is in the thousands.

"I am thrilled beyond belief," said Courtney Reid, a 51-year-old Illinois resident who married her longtime partner last year in New York. "It certainly means a lot for my wife and me."

The benefits include filing joint taxes, receiving breaks on estate taxes and receiving Social Security survivor benefits. A couple that is legally married in another state and resides in Illinois is recognized as a civil union in the state, even if the couple hasn't applied for one. The number of couples in civil unions in Illinois - who may or may not be legally married in other states - is roughly 5,300.

While advocates of gay marriage praised the clear-cut decision on DOMA, several also said it was "bittersweet." Illinois allowed civil unions in 2011 but has failed to legalize gay marriage, despite a push from Obama, Gov. Pat Quinn, Chicago Mayor Rahm Emanuel and fierce lobbying from well-organized gay rights groups.

"It just underscores the fight for the freedom to marry," said Bernard Cherkasov, the CEO of Equality Illinois. "We're going to take that message to the lawmakers in our districts."

Efforts in Illinois were halted earlier this year when lawmakers decided not to call the matter for a vote. The sponsor of the measure, Democratic state Rep. Greg Harris, said he simply didn't have the votes needed in the Illinois House and wanted to give his colleagues time to think over the matter in their home districts.

The move received some criticism from Chicago's active gay rights lobby, which has made an intense push for gay marriage since last year. There was also short-lived talk of barring politicians from the city's annual Pride Parade, scheduled for this weekend. The festive event attracts hundreds of thousands of people each year including numerous elected officials.

Harris said the court's decision on Wednesday would only help, and a same-sex marriage bill would be revived in the fall session.

"Illinois must step up and join our brother and sister states," Harris said. "It's now more important than ever."

But opponents of same-sex marriage said they would continue to fight efforts in Illinois. Earlier this year, some black churches were part of intense efforts to fight legislation in Springfield and launched aggressive robo-call campaigns.

A group, the African American Clergy Coalition, vowed to continue, saying that marriage is between one man and one woman.

"The people of the state of Illinois, along with 38 other states, still have the right to determine if gay marriage should become law in their respective states," the group said in a statement.

Bishop Thomas John Paprocki, who leads the Catholic Diocese of Springfield, said the Supreme Court "has again usurped its legitimate prerogative through a raw exercise of judicial power by giving legal protection to an intrinsic evil, this time by striking down the Defense of Marriage Act."

"These hollow decisions are absolutely devoid of moral authority," the bishop went on to say in statement posted on the diocese's website. "It is becoming increasingly and abundantly clear that what secular law now calls “marriage” has no semblance to the sacred institution of Holy Matrimony. People of faith are called to reject the redefinition of marriage and bear witness to the truth of Holy Matrimony as a lasting, loving and life-giving union between one man and one woman."

Efforts to legalize gay marriage in Illinois are also ongoing in the courts. Last year a lawsuit was filed by the American Civil Liberties Union and New York-based Lambda Legal, which represents 25 couples who were denied marriage licenses in Cook County. The suit also challenges a state law that defines marriage as between a man and woman.

While the decision on the federal case doesn't have an immediate impact on the state law, it's expected to help the lawsuit's chances, said Camilla Taylor, marriage project director for Lambda Legal.

"It's doomsday for DOMA," she said. "It's extremely helpful. There's some wonderful language about how important it is to marry. Their dignity, their liberty, their equality. That will be extremely helpful in court."

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Associated Press writer Kerry Lester contributed to this report.

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